In 2009, Milwaukee County Sheriff's Sgt. Scott Krause punched a handcuffed suspect in the face in the back of a squad car. In 2011, Milwaukee police Officer Richard Schoen did the same thing. Both incidents were captured on squad car video.

Krause was fired, convicted of a felony and served 18 months in prison.

Schoen ended up with a 60-day suspension and no criminal charges.

Amid an outcry from elected officials and members of the public, the Fire and Police Commission will meet Tuesday to review its decision to overturn Chief Edward Flynn's firing of Schoen. But civil rights advocates continue to question the decision by the Milwaukee County district attorney's office not to charge him in an incident they say is strikingly similar to the earlier case against Krause.

There are a few obvious differences in the cases: Krause worked for the Sheriff's Department and struck a white male. Schoen worked for the Police Department and struck a black female.

If Schoen had been convicted of felony misconduct in public office, as Krause was, the commission would not have had the discretion to reinstate him because people convicted of felonies cannot serve as law enforcement officers in Wisconsin.

Schoen could not be reached. His attorney, Jonathan Cermele, did not respond to questions about the commission's decision to reconsider Schoen's discipline. Last week, Cermele said it was irresponsible "Monday morning quarterbacking" for officials who do not have all the facts to criticize the commission's original decision.

Attorney Jonathan Safran, who has filed a $3 million federal civil rights suit on behalf of Krause's victim, Ray Calderon, said allowing Schoen to continue as a police officer "sends a terrible message and causes a chilling effect for citizens considering filing complaints or thinking that their complaints will be dealt with fairly."

James Hall, president of the Milwaukee branch of the NAACP, agreed.

"It is very hard to reconcile these two cases," he said in a statement.

The video in Krause's case shows a handcuffed Calderon tapping the window of the squad car with his foot, saying he has to urinate. Krause curses at Calderon and punches him several times in the face.

As a result, Calderon suffered cuts, bruises and swelling to his face, back problems, sleep disturbances and headaches, according to court records.

The video in Schoen's case shows Jeanine Tracy stomping her feet, spitting and cursing before Schoen punches her in the face, drags her out of the car by the hair and strikes her in the stomach with his knee after she is on the floor of the police garage.

Tracy did not have visible injuries, but she suffered head and back injuries and post-concussion symptoms as well as psychological problems, according to her attorney, Todd Korb. She is still being treated and plans to file a lawsuit, Korb said.

At Krause's sentencing hearing, his attorney argued for mercy, saying he suffered from post-traumatic stress disorder after serving two combat tours in the U.S. Army, according to court records.

Schoen has not brought to light any such factors or admitted to an error in judgment, instead saying last week he still felt his actions were "somewhat justified." Police officials have made no statements about whether they believe Schoen's mental health affected his behavior, a question a city alderman wants answered.

Sheriff David Clarke, who fired Krause, said he gives cops the benefit of the doubt, but it is important that they be held accountable when there is misconduct or they act contrary to their training.

"I like cops. I support cops. They have a tough job, but at same time we are supposed to be professional," he said.

Training does not allow an officer to strike a handcuffed prisoner for spitting, as Tracy appears to be doing on the video, Clarke said.

He charged Krause with misdemeanor battery and felony misconduct in public office.

But in Schoen's case, Lovern considered only a battery charge, according to a letter he sent to Flynn. The letter, which explains Lovern's decision not to charge Schoen, does not mention any consideration of a felony misconduct charge. Lovern did not respond to a question about why he did not issue one.

In reviewing a possible battery charge, Lovern concluded the use of force was inappropriate. Before Schoen punched Tracy, she was complaining of sharp pain in her legs, "and the video reveals Tracy appeared to writhe in pain," the letter says.

Still, Lovern decided prosecutors could not prove a criminal case against Schoen, according to the letter.

"Given Tracy's combative nature throughout her arrest, it is likely a jury would conclude that Schoen acted on a reasonable belief that Tracy might spit on him or move her body aggressively toward him, prompting him to act in a way that might diffuse her conduct," the letter says.

It was not clear that Schoen intended to cause Tracy pain or injury, the letter says. She had no visible injuries. She also did not remember what happened in the squad car and told investigators she was struck while on the floor rather than in the car.

"A criminal prosecution of this incident would rely almost entirely upon a video that until the end portrays Tracy in a fairly unsympathetic fashion, and the State would then be forced to reconcile the inconsistencies between the video and her statements regarding the incident," the letter says.

Federal prosecutors agreed that criminal prosecution was not appropriate, the letter says.

Flynn fired Schoen in May after an internal investigation concluded he used excessive force. The details of that investigation have not been disclosed to the public.

But Ald. Joe Davis said Monday he wants to know if Schoen had done something to warrant action under Wisconsin Chapter 51, a law that provides treatment and rehabilitation for mental illness as well as drug and alcohol abuse. The law allows involuntarily detention if people present a danger to themselves or others.

Davis did not disclose if he had information indicating police had concerns about Schoen's mental health as a result of the internal investigation, and if so, whether members of the command staff or police District 7 took action.

Michael Crivello, president of the Milwaukee Police Association, said he was not aware of any mental health concerns involving Schoen.

Tuesday's hearing may not yield answers to that question, because most of it will likely occur in closed session. No testimony is expected at the hearing, which will include further deliberations by the panel of three commissioners who initially heard Schoen's case.

They are: Richard Cox, executive director of Neighborhood House, a social service agency that assists urban families; Paio Lor, program coordinator and consultant for Hmong ABC Radio in Milwaukee; and Michael O'Hear, a professor and associate dean for research at Marquette University Law School.

Cox voted to fire Schoen. Lor and O'Hear voted to reinstate him and impose a 60-day suspension. None of them has explained the reasons for their votes.

Although the vote was taken last week, such decisions do not become final until commissioners put them in writing and sign them. Commissioners were expected to do that Thursday but backpedaled after criticism from city, county and state officials, some of whom called for the commission to be restructured or eliminated.

Instead, they announced they would consider the discipline further on Tuesday.

Under the law, Schoen is not being paid while his appeal is pending. If he disagrees with the commission's final decision he can appeal to the Circuit Court.

Bruce Vielmetti of the Journal Sentinel staff contributed to this report.

About John Diedrich

John Diedrich writes about crime, federal issues, ultimate fighting and guns. His investigations have been honored with various national awards including a George Polk Award for reporting on rogue gun stores and an IRE award for exposing botched undercover federal stings.